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(영문) 서울중앙지방법원 2016.05.25 2016고단1012
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2016, the Defendant violated the Automobile Management Act: (a) attached a registration number plate removed from a two-wheeled automobile newly purchased by the two-wheeled vehicle (DVF125) that it had already registered, before the Kwikset Service Office in Jongno-gu Seoul.

In this respect, the defendant used the official sign for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.

2. From January 1, 2016 to February 12, 2016, the Defendant used the two-wheeled automobile number plates of the two-wheeled automobiles, which are the air units of the two-wheeled automobiles, as described in paragraph (1), for the purpose of using the two-wheeled automobile number plates from January 1, 2016 to February 12, 2016, and exercised the air units illegally used by ging the two-wheeled automobile number plates in Seoul.

3. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a two-wheeled automobile.

The Defendant operated a two-wheeled automobile, which was not covered by mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Inquiry into mandatory insurance, application of the relevant Acts and subordinate statutes of photographs;

1. Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act concerning the facts constituting an offense; Article 238(1) and (2) of the Criminal Act; Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with labor for a violation of the Motor Vehicle Management Act and the guarantee of automobile damage compensation;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that no other criminal record exists except for a punishment imposed on a fine twice due to drinking driving, the fact that a person commits the instant crime, and the fact that a person registers his/her motor vehicle after committing the instant crime, and is insured);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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